The author views labor as an equal partner with management, and the management rights clause as recognition of solely the fact that it is management that acts, and the union…

A discussion of the problems inherent in reconciling the static language of the collective bargaining agreement with the pressures for industrial change and development. The author discusses the problems associated…

A discussion of the changes associated with technology that impact job privileges and job security, including the need for new devices to satisfy business requirements, workers’ demands and those of…

The author explores two major lines of criticism of the labor arbitration process: The cost – time-lag – formality problem, and the management rights problem. The author discusses the alternatives…

A discussion of the problems of “arbitrability” as it applies to the domain of the arbitrator and as distinguished from that of the courts. Challenges to jurisdiction or authority despite…

An analysis of the notion that an employee’s right to his job is a property right. An analogy is drawn between the CBA and the Constitution, the arbitrator and the…

Analyzing the small number of arbitration decisions then published on the subject (64), the author finds few consistent themes – and attributes this to inconsistency in the behavior of the…

Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under section 301; 2) the construction…

Arbitrator Wolff asserts that management retains its normal and customary rights except as ceded in negotiations but, implicitly, subject to the obligation of good faith and fair-dealing.

A discussion of the changes associated with technology that impact job privileges and job security, including the need for new devices to satisfy business requirements, workers’ demands and those of…